Courts / Dublin / Report

Ogle to appeal rejection of discrimination claim

Date
2024-11-07
Stage
Hearing Or Decision
Primary locality
Malahide
County
Dublin

Summary

Trade unionist Brendan Ogle has filed a notice of appeal to the Labour Court following the Workplace Relations Commission's (WRC) rejection of his discrimination claim against Unite. Ogle alleged he was discriminated against as a cancer survivor and sidelined after returning to work in summer 2022. He claimed that Tom Fitzgerald, a senior official in Unite's Dublin office, directed him to write himself out of the union's strategic plan for Ireland. The WRC adjudicator, Elizabeth Spelman, dismissed these complaints under the Employment Equality Act 1998, finding Ogle's account of the meeting with Fitzgerald not plausible. She determined that Unite's shift from political to industrial matters was applied across the union and unconnected to Ogle's disability. The adjudicator also rejected the claim that Fitzgerald had assumed Ogle's political duties, noting that removed tasks were minor. Ogle's legal team argued his senior role was decimated, while Unite maintained the claims were artificial and that witness evidence held sway. The WRC decision was described by Unite as clear and unambiguous. Ogle stated the decision was not consistent with the evidence and not good law. The matter is now adjourned to the Labour Court for a de novo hearing, where the entire case will be heard afresh. Ogle also has separate defamation proceedings against former chairman Tony Woodhouse.

Who, what, where, when and why

What: Report matter: Ogle to appeal rejection of discrimination claim. Procedural stage: hearing_or_decision

When:

Case subjects

Tom Fitzgerald

Applicant

Unite's Dublin

Applicant

Places mentioned

Secondary Mention

Topics

Stage Hearing Or Decision

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